Summary
The United States District Court for the Western District of New York denied Crisis Pregnancy Services, Inc.’s motion for reconsideration of an earlier decision addressing claims under the Freedom of Access to Clinic Entrances Act and counterclaims by Hannah Kamke. The court held that the arguments concerning informed consent merely rehashed prior arguments and that arguments concerning punitive damages and attorney’s fees were raised for the first time. The case was referred back to the magistrate judge for further proceedings.
Court
United States District Court for the Western District of New York
Jurisdiction
United States District Court for the Western District of New York
Decision date
January 31, 2026
Docket number
23-CV-1057-LJV
Disposition
denied
Questions Presented
- Whether CompassCare established grounds for reconsideration based on the court's alleged failure to address Kamke's lack-of-informed-consent claim.
- Whether CompassCare could raise arguments concerning punitive damages and attorney fees for medical malpractice for the first time on reconsideration.
- Whether Kamke plausibly alleged emotional distress arising from the allegedly nonconsensual transvaginal ultrasound.
Holdings
- Reconsideration was not warranted because CompassCare merely rehashed arguments previously made and disagreed with the court's prior decision.
- Kamke plausibly alleged emotional distress resulting from the transvaginal ultrasound and from confusion about whether she was pregnant, even though the ultrasound showed that she was not pregnant.
- The court would not consider CompassCare's arguments concerning punitive damages and attorney fees because CompassCare failed to raise them in its original motion to dismiss.
Court Document
Open PDFLoading document…